Western Australian Current Acts Western Australian Current Acts (1) In this section
—
captured includes taken;
image includes —
(a) a
photograph; and
(b) a
digital image;
image data source means a website, database, data
storage facility or other body or source of information —
(a)
containing or including either or both of the following —
(i)
remotely sensed images;
(ii)
digital or electronic information from which remotely
sensed images can be produced;
and
(b)
declared by the regulations to be an image data source for the purposes of
this section;
official document means a document purporting to
be signed by the CEO or a person appointed under the Land Administration Act
1997 section 30 to be an authorised land officer;
remotely sensed image means an aerial photograph
or any other image of land captured using airborne equipment or equipment
mounted in or on a satellite.
(2) In this section a
reference to the capture of an image includes a reference to the capture of
digital or electronic information from which the image was produced.
(3) For the purposes
of this section, a remotely sensed image derived from an image data source
—
(a) is
taken to have been captured on the date recorded or shown in the image data
source as being the date on which the image was captured; and
(b) is
taken to be an image of the land recorded or shown in the image data source as
being the land to which the image relates.
(4) In proceedings
under this Act a remotely sensed image of land is evidence of the vegetation
on the land, and its condition, on the date on which the image was captured.
(5) Subsection (4)
applies to an image even if it, or the information from which it was produced,
has been modified or enhanced so that colours, tones or brightness more
accurately represent what would be visible with the naked eye.
(6) In proceedings
under this Act an official document certifying the matters set out in
subsection (7) or any of those matters is, in the absence of proof to the
contrary, taken to be proof of the matters certified.
(7) The matters that
may be certified are —
(a) that
an image comprising or specified in the document is, or is a true copy of, a
remotely sensed image of land; and
(b) that
an image comprising or specified in the document is derived from an image data
source; and
(c) that
the image data source from which an image comprising or specified in the
document is derived records or shows a date specified in the document as being
the date on which the image was captured; and
(d) that
the image data source from which an image comprising or specified in the
document is derived records or shows land specified in the document as being
the land to which the image relates; and
(e) that
a remotely sensed image of land comprising or specified in the document has
been marked to correctly identify, and correctly show the boundaries of, the
land according to records held by the Western Australian Land Information
Authority established by the Land Information Authority Act 2006 section 5.
(8) In subsection
(7)(e) a reference to the marking of an image is a reference to the marking or
modification of the image, or the information from which it was produced, by
the application of computer software or by other means.
(9) An image, or a
document comprising or specifying an image, must not be admitted pursuant to
this section as evidence that the land has been cleared unless the court is
satisfied that, after the time at which the image was captured, the Minister,
the CEO or a person acting with the authority of the Minister or of the CEO
has entered upon and inspected the land for the purposes of ascertaining
whether the land has been so cleared.
[Section 116B inserted: No. 40 of 2020 s. 96.]